NEW YORK, NEW YORK – One afternoon, Duane P. Kerzic was arrested by the Amtrak police while taking pictures of a train pulling into Pennsylvania Station. At first, the police asked him to delete the images from his camera, but he refused. He ended up handcuffed to the wall of a holding cell while an officer wrote a ticket for trespassing.
Mr. Kerzic, a semiprofessional photographer, proceeded to describe his detention on his Web site and included images of the summons. He also hired a lawyer to sue.
In due course, Stephen Colbert of “The Colbert Report” arrived to sound the gong. He turned the Kerzic story into a segment called “Nailed ’Em.” It mocked Amtrak without mercy.
“Finally,” Mr. Colbert reported, “Kerzic cracked and revealed the reason he was taking his terrifying photos.”
Mr. Kerzic appeared on the screen.
“The reason I was taking photos of trains is that every year Amtrak has a contest; it’s called ‘Picture Our Train,’ ” he explained.
Soon after the show was broadcast, a strange thing happened. The section of Mr. Kerzic’s Web site that dealt with Amtrak all but vanished. His lawsuit was settled, and as a condition of the deal, he had to remove his writings about the episode. Now his page on Amtrak — at duanek.name/Amtrak/ — contains two words: “No Comment!”
Mr. Kerzic and his lawyer, Gerald Cohen, both said they couldn’t talk about what had become of the Web pages describing the arrest and his commentary about it. Carlos Miller, a photographer and blogger who followed the case, reported that Mr. Kerzic received a “five-figure” settlement.
But how could Amtrak — the national railroad, whose preferred stock is owned by the American public and whose chief executive and board of directors are appointed by the president and confirmed by Congress — require that a Web site criticizing the railroad be shut down as a condition of settling a lawsuit for wrongful arrest?
What qualifications does Amtrak have to function as a censor?
“Our policy has been and continues to be that ‘Amtrak does not comment on civil case settlements,’ ”Clifford Cole, an Amtrak spokesman, said in an e-mail message. “We would not have any more to say on this matter.”
Since 9/11, a number of government bodies have sought to limit photography in railroad stations and other public buildings. One rationale is that pictures would help people planning acts of mayhem. It has been a largely futile effort. On a practical level, decent cameras now come in every size and shape, and controlling how people use them would require legions of police officers. Moreover, taking photographs and displaying them is speech protected by the First Amendment, no less than taking notes and writing them up.
LAST year, a man named Robert Taylor was arrested on a nearly empty subway platform in the Bronx, accused of illegally taking pictures. For good measure, the officer threw in a disorderly conduct charge, on the grounds that Mr. Taylor was blocking people’s movement, even though it was the middle of the afternoon, the platform was about 10,000 square feet and there was hardly anyone around. The charges were dismissed, and the city paid Mr. Taylor $30,000 for his trouble. The city had already paid $31,501 to a medical student who was arrested while he was shooting pictures of every train station in the city.
After Mr. Taylor’s case, the New York Police Department reminded officers that there was no ban on taking pictures in the subway system.
In November, Antonio Musumeci, a member of the Manhattan Libertarian Party, was given a ticket while videotaping a political protest in the plaza outside the federal courthouse in Lower Manhattan. Citing a federal regulation that dates to 1957, agents of the Federal Protective Service gave Mr. Musumeci a summons as he recorded a man who was handing pamphlets to potential jurors. The New York Civil Liberties Union has filed a lawsuit on Mr. Musumeci’s behalf, arguing that the rules that govern photography on federal property were vague and unconstitutional. The lawsuit says people routinely take pictures on the plaza after new citizens are sworn in at the courthouse.
Since Mr. Kerzic’s run-in with the police at Penn Station, Amtrak has dropped its Web page on the “Picture Our Trains” contest.
Mr. Colbert wasn’t standing for it.
“This photography contest,” he said, “is Amtrak’s cleverest ruse since their so-called timetable.”
Our Tax Dollars At Work 